No Purchase Necessary To Enter or Win. You must have Internet access and a valid email address to participate. Contest open only to entrants who are legal residents of the 50 United States and the District of Columbia who possess the unrestricted right to work in the United States and are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) at time of entry. Void where prohibited.
CONTEST OVERVIEW: American Broadcasting Companies, Inc. (“ABC” or “Sponsor”) is looking for aspiring actors and comedians (each, an “Actor”) to submit a video of their acting performance (“Initial Video”). Your Initial Video must include two segments: (1) your “Introduction” where you provide a brief introduction of yourself; and (2) your “Performance” – your Performance must be a part from a script provided by Sponsor on the contest website. If selected as a finalist (“Finalist”), you will be asked to provide a second video demonstrating your acting performance (“Finalist Video”). The Initial Video and Finalist Video are each referred to as a “Video” and collectively referred to as “Videos.”
The ABC Discovers: Digital Talent Competition (United States) (the “Contest”) is a competition where one (1) Grand Prize Winner will be selected by ABC according to the judging criteria described in Section 6 below. The Grand Prize winner will win a one year $25,000 talent holding agreement with ABC, as set forth herein.
Entries must be received between September 10, 2018 at 6:00 a.m. PT and September 24, 2018 at 11:59 p.m. PT (“Entry Period”). The Grand Prize winner will be announced on or about November 20, 2018. The period from 6:00 a.m. PT on September 10, 2018 until 11:59 p.m. PT on November 20, 2018 shall be referred to as the “Contest Period.”
OVERVIEW OF KEY DATES AND TIMES:
|Period||Begin Date & Time||End Date & Time|
|ENTRY PERIOD||6:00 a.m. PT – 9/10/18||11:59 p.m. PT - 9/24/18|
|INITIAL JUDGING||9:00 a.m. PT – 9/25/18||11:59 p.m. PT – 10/19/18|
|FINALIST NOTIFICATION & VERIFICATION/ FINALIST VIDEO SUBMISSION/ FINALIST JUDGING||9:00 a.m. PT – 10/22/18||11:59 p.m. PT – 11/12/18|
1. ELIGIBILITY: Each person submitting an entry into the Contest (each, an “Entrant”) must be a legal resident of the 50 United States and the District of Columbia with the unrestricted right to work in the United States, and must be at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) as of the date of entry. Contest is void where prohibited by law. Individuals who have, within six (6) months prior to the start date of the Contest, performed material services (including but not limited to, as employees, consultants, independent contractors, and interns) for Sponsor, LeadDog Marketing Group (“Contest Administrator”) and/or each of their respective parent, subsidiary, related, affiliated and successor companies, and the immediate family and household members of all such foregoing individuals, are not eligible to participate in the Contest. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not.
2. CONTEST ENTRY: All Entries must be received by 11:59 p.m. PT on 9/24/18 (the end of the Entry Period). Sponsor’s computer is the official clock for this Contest.
2A. Contest Entry Procedure: Eligible persons may enter the Contest online via www.ABCDiscovers.com (the “Contest Website”). An “Entry” consists of an Entrant’s registration information and Video. See below for details regarding video content, formatting and other entry requirements and restrictions.
2B. Video Content:
Each Entrant’s Initial Video must include both an Introduction and a Performance as specified below.
IT IS RECOMMENDED THAT YOUR ENTIRE INITIAL VIDEO (INCLUDING BOTH YOUR INTRODUCTION AND YOUR PERFORMANCE) NOT EXCEED FIVE (5) MINUTES IN TOTAL LENGTH. If an Initial Video exceeds five (5) minutes in total length, Sponsor reserves the right, in its sole discretion, to either disqualify the Initial Video/Entry or to only watch and judge the first five (5) minutes of the Initial Video.
LIMIT OF ONE (1) ENTRY PER PERSON DURING THE CONTEST PERIOD, regardless of the number of email accounts a person may have.
If you are selected as a potential Finalist, you must submit a Finalist Video as per Section 7 below.
3. ADDITIONAL VIDEO REQUIREMENTS AND ENTRY RESTRICTIONS:
3A. Additional Video Requirements:
In addition to the foregoing requirements, Entries/Videos may not contain, and Sponsor and Contest Administrator, in their sole discretion, may disqualify and/or remove any Entry/Video that: (1) is sexually explicit or suggestive, indecent, obscene or offensive, derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contains nudity, contains hate speech or drug usage; (2) promotes any particular political agenda or message; (3) disparages Sponsor or any other party; (4) contains or promotes illegal conduct; (5) contains copyrighted materials owned by others or infringes on any third party’s rights; or (6) is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in its sole discretion.
*For the avoidance of doubt, as used above, “Video” refers to the content of the Video (e.g., the Introduction for Initial Video and Performance of the scripts for Initial Video and Finalist Video, if and as applicable), as warranted by the context.
3B. Video Formatting Requirements:
3C. Additional Entry Restrictions:
Sponsor, Contest Administrator and the other Released Parties (as defined below) will not be responsible or liable for any inability to view a Video due to any technical difficulty, malfunction or failure of any kind.
By submitting an Entry/Video, each Entrant represents and warrants that: (a) he/she has all rights in and to the Entry/Video and that submitting the Entry/Video and granting the rights granted herein will not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (b) he/she has the written consent of their off-camera Reader(s) and the videographer (if other than Entrant) granting the Entrant the right to include such person in the Video (if applicable) and consenting to the submission and use of the Entry in the Contest and to its use as set forth herein.
Sponsor reserves the right to request written proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof, if requested, may result in disqualification, at Sponsor’s sole discretion. Without limiting the foregoing, all potential Finalists must furnish proof of such consents in a form satisfactory to Sponsor as a condition of being confirmed as a Finalist as set forth in Section 7 below. Should a potential Finalist fail to furnish such proof in a form acceptable to Sponsor, Entrant/potential Finalist understands and agrees that he/she will be disqualified from being a Finalist and will forfeit the opportunity to possibly win the prize.
By entering the Contest, each Entrant agrees not to further publish, distribute or otherwise disseminate their Entries in any medium at any time.
An Entry/Video which violates any of the requirements set forth above may be disqualified at the Sponsor or Contest Administrator’s sole discretion.
Sponsor makes the final determination as to which Entries are eligible to take part in this Contest.
Without limiting the foregoing, the above grant of rights includes Sponsor’s right to display any Videos, or portions thereof (including without limitation, an Entrant’s Introduction and answer to the Question), at any time during the Contest Period in its sole discretion. By submitting an Entry, each Entrant further agrees that if selected as a Finalist: (a) his/her Video(s), including without limitation, his/her Introduction (if applicable), will be posted by Sponsor on the Contest Website and that Sponsor shall have no liability in conjunction with the failure to post their Video(s); and (b) such posting is FOR ENTERTAINMENT/INFORMATIONAL/ILLUSTRATIVE PURPOSES ONLY and, as such, has no bearing on and is no indication of the Grand Prize winner in the Contest.
By submitting an Entry, and to the full extent permitted by law, each Entrant grants Sponsor and its designees the right to use Entrant’s Entry, name, biographical information, voice, performance, photograph/video(s), life story, image and/or likeness for programming, advertising, publicity and promotional purposes (including, without limitation, in connection with ABC or its sponsors) in any and all media, now or hereafter known, worldwide and in perpetuity, without compensation or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so.
Such Grant of Rights will be confirmed by each potential Finalist and/or entrant upon Sponsor’s request and potential Finalists and/or entrants agree to sign any and all necessary confirming documents without compensation of any kind (other than potential receipt of the prize). See Section 6 below for a description of the winner selection process.
5. TALENT HOLDING AGREEMENT PRIZE: By submitting an Entry and in consideration of ABC’s consideration of Entrant’s Entry in the Contest, each Entrant agrees to the following:
As part of my Contest Entry, and for a period of time beginning at the instant I submit my Contest Entry through and including 11:59 p.m. PT on November 20, 2018 (i.e., the end of the Contest Period), I hereby grant to ABC the right to enter into a talent holding agreement with me, pursuant to the terms set forth below. Should ABC elect to enter into a talent holding agreement, I agree to enter into such agreement in the form of ABC’s standard Talent Holding Agreement (hereinafter, “Talent Holding Agreement”). I understand and agree that if I am declared the Grand Prize Winner, then ABC will be deemed to have automatically (upon my being announced the winner and upon verification of eligibility) entered into the Talent Holding Agreement with me. I hereby warrant and represent that as of the date of my Entry, I have not entered into nor will I enter into any contract or arrangement which may prevent me from granting the rights which may be required of me hereunder. During the Entry Period, any eligible Entrant may request a copy of the Talent Holding Agreement by sending a request to the following email address: ABCDiscovers@gmail.com. (This email address is intended solely for eligible Entrants to request a copy of the Talent Holding Agreement during the Entry Period; do NOT send questions regarding the Contest to this email address.)
Grand Prize Winner: If declared the Grand Prize Winner (subject to verification of eligibility and execution of all required documentation), I will be paid Twenty-Five Thousand Dollars ($25,000), which prize money shall also serve as consideration under the ABC Talent Holding Agreement for a twelve (12) month consecutive hold period, as that term is customarily understood in the entertainment industry (the “Hold Period”). The Hold Period will commence twenty-four (24) hours prior to the expiration of the Contest Period. PLEASE NOTE: the Talent Holding Agreement does not guarantee that you will be placed as a performer into any project during the Hold Period or otherwise.
Rights Granted to ABC: By entering into a Talent Holding Agreement with ABC, I understand that I will grant ABC, among other things, the irrevocable right and option (but not the obligation), during the Hold Period, to place me as a performer into a project in any media (e.g., television series, variety show, reality show, internet series, feature film, etc.). I understand that I may not enter into any other talent option/hold type of agreement or any talent performer agreement (or other similar type of performer agreement) with any other person or entity during the Contest Period and, if applicable, the Hold Period, except as provided for herein.
Test Option Agreement: The Talent Holding Agreement, should ABC choose to enter into such agreement with me, will have ABC’s standard Test Option Agreement attached to it as an exhibit. The Test Option Agreement will contain the terms and conditions that will become effective should ABC cast me into a project under the Talent Holding Agreement. If I am cast by ABC for a dramatic program made for either network prime-time or high budget cable television, then no less than the following performer fees will be inserted into the Test Option Agreement.
|Program Type||Type of Role||Fee|
|Pilot up to 60 Minutes in Length with Series Hold through December 31, 2019||
Lead or Co-Lead
|To extend Series Hold through March 31, 2020||
Lead or Co-Lead
|To extend Series Hold through June 30, 2020||
Lead or Co-Lead
|Series / First Production Year||
Lead or Co-Lead
$25,000 per episode
|Series / Subsequent Years||All Roles||4% cumulative annual escalations (starting with episode 23)|
|Movies for Television / Mini-Series / Special Event Programs||
Lead or Co-Lead
|Subject to good faith negotiations within ABC’s customary parameters for performers of Entrant’s stature in the entertainment industry|
|Series / Episodic Guest Performer||Co-Star or Guest Star Role||Applicable guild minimum|
If I am cast for any other type of program (e.g., variety show, reality show, internet series), the applicable SAG/AFTRA minimum scale rates shall apply, if any.
Talent Holding Agreement Additional Terms and Conditions: If ABC chooses to enter into a Talent Holding Agreement with me, I understand that except for the financial provisions enumerated above, the terms and conditions of such agreement(s) will be negotiated in good faith within ABC’s customary parameters for performers of my stature in the entertainment industry. If I am not The Contest Winner, but ABC elects to enter into this Talent Holding Agreement with me anyway, then to the extent allowed by the applicable guild, all payments, including residuals, made under the Talent Holding Agreement shall be 100% credited (or deemed pre-paid) against any compensation payable thereunder, if any, and vice versa. All payments set forth above may be subject to withholding, taxes and guild fringe payments, if and as applicable. To the extent any of the payments enumerated above are less than the minimum amounts required by the applicable guild for services rendered or rights obtained, then ABC reserves the right to pay the difference between such amount and the minimum required amount while maintaining all rights hereunder. To the extent that ABC may legally require me to do so, I agree to become and/or remain a member in good standing of the SAG/AFTRA and as required by the applicable guild agreement.
Assignment: ABC shall have the right to assign, license, delegate, lend or otherwise transfer a Talent Holding Agreement, in whole or in part, or the results and proceeds of my services, or any or all rights, obligations, options or privileges hereunder, to any entity whatsoever; it being understood and agreed that ABC will remain secondarily liable for any such assignee's obligations hereunder unless (i) such assignee is a U.S. television network, a major or mini-major studio, a television or theatrical production or distribution company, a company controlled by or affiliated with ABC, or a purchaser of ABC or substantially all of its assets, and (ii) such assignee assumes all of ABC’s obligations to me in writing, in which event ABC will be relieved of all obligations under the Talent Holding Agreement.
Talent Holding Agreement Documents: Finalists will be provided with a copy of ABC’s standard Talent Holding Agreement (as applicable) for review, a five (5) business day good faith negotiation period and execution as part of the Finalist Documents (as defined below). Execution and timely return of these items is mandatory to become a Finalist. Finalists are not responsible for postage, which will be paid for by Sponsor.
All Entries will be combined into one (1) pool and all Entries will be judged against each other by a judging panel of Sponsor’s representatives and designees, including at least one independent judge, who will assist in the review of Entries during the Initial Entry Review and Finalist Review (collectively, the “Judges”).
Entries will be judged as follows:
Initial Entry Review: All eligible Entries will be judged by the Judges to determine up to ten (10) Finalists, subject to verification of compliance with these Official Rules and timely submission of a Finalist Video and all Finalist paperwork (as set forth below in Section 7), based on the following three (3) equally weighted criteria: (A) Quality of Performance; (B) Technical Skill Set; and (C) Potential Star Power. Sponsor reserves the right to advance fewer than ten (10) Finalists for the Finalist Review if, in its sole discretion, it does not receive a sufficient number of eligible Entries of sufficient quality and/or Sponsor is unable to verify all ten (10) Finalists during the Finalist Notification & Verification/Video Submission/Finalist Judging period.
In the event of a tie in the Initial Entry Review, the Entry from among all such tied Entries with the higher/highest score in the Quality of Performance criterion will advance in the Contest. If a tie still remains after applying this tiebreaker, the Entry from among all such tied Entries with the higher/highest score in the Potential Star Power criterion will advance in the Contest.
Finalist Review: As set forth below in Section 7, potential Finalists must submit a Finalist Video and all necessary Finalist Documents (as defined below) in order to be confirmed as a Finalist. The Finalist Videos of the up to ten (10) Finalists will be judged by the Judges, who will determine the Grand Prize winner by applying the following three (3) equally weighted criteria: (A) Quality of Performance; (B) Technical Skill Set; and (C) Potential Star Power.
In the event of a tie in the Finalist Review, the Finalist Video from among all such tied Finalist Videos with the higher/highest score in the Quality of Performance criterion will be the potential Grand Prize Winner. If a tie still remains after applying this tiebreaker, the Entry from among all such tied Entries with the higher/highest score in the Potential Star Power criterion will be the potential Grand Prize Winner.
7. FINALIST NOTIFICATION & FINALIST VIDEO SUBMISSION/VERIFICATION: During or about the period between October 22 – November 12, 2018, potential Finalists will be notified by e-mail and/or phone using the contact information provided by the Entrant at the time of entry (the “Finalist Notification”). Potential Finalists will have seventy-two (72) hours to respond to the Finalist Notification. Once a potential Finalist responds to the Initial Notification, he/she will be provided with an Affidavit of Eligibility, Release and Indemnification, Grant of Rights, a Publicity Release, the Talent Holding Agreement as well as any other documents Sponsor may require (including without limitation, release from the Entrant’s Reader, if and as applicable) (collectively, “Finalist Documents”), which each potential Finalist will be required to sign and return within five (5) business days of transmission of such Finalist Documents. In addition, he/she will be sent the Finalist Scripts (as defined below) via e-mail and will have five (5) business days from the date of transmission to submit his/her Finalist Video as specified below. Finalists will be provided with instructions regarding how to submit his/her Finalist Video at time of Finalist Notification. As part of such instructions, each Finalist must submit a color photograph of his/her face (head and shoulders only) against a neutral background, which must have been taken within the last one (1) month period in the prescribed form ( “Head Shot”). For the avoidance of doubt, Head Shot will not be judged as part of the Finalist Review to determine the Grand Prize Winner; rather, the Head Shot may be used by Sponsor and its designees for publicity and promotional purposes in conjunction with the Contest as per Section 4 above.
It is recommended that your entire Finalist Video not exceed four (4) minutes in total length. If a Finalist Video exceeds four (4) minutes in total length, Sponsor, in its sole discretion, reserves the right to either disqualify the Finalist Video/Entry or to only watch and judge the first four (4) minutes of the Finalist Video . Finalist Videos must each consist of a Performance (an Introduction is not required) and must comply with the formatting and content restrictions set forth in Section 3 above. Potential Finalists will be provided with a choice of additional scripts per gender (each, a “Finalist Script”) and must perform the part of a single character designated in a Finalist Script corresponding to the Entrant’s gender from one (1) of these provided Finalist Scripts. Entrants MUST choose one and only one of the Finalist Scripts provided; DO NOT COMBINE ELEMENTS OF DIFFERENT FINALIST SCRIPTS. Entrants MUST have one (1) Reader reading the other parts/lines of their chosen Finalist Script. The Reader must be off-camera, must be at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) and Entrant must have the written consent of such Reader granting the Entrant the right to include such person in the Finalist Video and consenting to the submission and use of the Finalist Video in the Contest and to its use as set forth in these Official Rules. Without limiting the foregoing, potential Finalists must furnish written proof of such consents in a form satisfactory to Sponsor as a condition of being confirmed as a Finalist as set forth below. Should a potential Finalist fail to furnish such written proof in a form acceptable to Sponsor, such potential Finalist will be disqualified and will forfeit the opportunity to win a prize.
The Finalist Scripts provided by Sponsor may only be used in connection with your Finalist Video. Any other use or dissemination of the Finalist Scripts is prohibited.
As a condition of becoming a Finalist, each Entrant selected as a potential Finalist must meet the following requirements and failure to do so may result in disqualification in Sponsor’s sole discretion: (A) potential Finalist’s failure to respond to the Finalist Notification within seventy-two (72) hours; (B) the return of any email notification as undeliverable after three (3) attempts; (C) potential Finalist’s failure to provide Sponsor with satisfactory proof that he/she is the person identified in the Entry; (D) potential Finalist’s failure to submit their Finalist Video within five (5) business days of the transmission of the Finalist Scripts; (E) potential Finalist’s failure to submit their completed Finalist Documents within five (5) business days of the transmission of the Finalist Documents; and (F) any other non-compliance with these Official Rules. If a potential Finalist is disqualified for any reason, he/she will forfeit the opportunity to possible win the Grand Prize; Sponsor shall have no liability to such disqualified individual and the next highest ranked Entry/Video will be deemed a potential Finalist.
Grand Prize (1 winner): The Grand Prize Winner, subject to verification of eligibility, will receive a one (1) year $25,000 Talent Holding Agreement with ABC, as set forth in Section 5.
The financial terms of the Grand Prize are non-negotiable. In the event of any inconsistency between these Official Rules and the Talent Holding Agreement, the Talent Holding Agreement shall prevail, govern and control only with respect to the Grand Prize Winner’s rights and responsibilities in conjunction with the Grand Prize; in all other cases, these Official Rules shall prevail, govern and control. Any costs and incidentals not specified herein or in the Talent Holding Agreement are the sole responsibility of the Grand Prize Winner.
9. CONDITIONS OF PARTICIPATION: By entering this Contest, each Entrant agrees to be bound by and abide by these Official Rules and the decisions of all judges, Sponsor and Contest Administrator, which are binding and final in all matters relating to this Contest. Sponsor and Contest Administrator will not be responsible for late, lost, incomplete, illegible, damaged, garbled or misdirected Entries/Videos/materials. Grand Prize Winner is not entitled to exchange or transfer prize or to obtain cash or other substitutes, except Sponsor reserves the right to substitute prize of equal or greater value if the prize listed is unavailable for any reason. All federal, state and/or local taxes are the sole responsibility of the Grand Prize Winner. Grand Prize Winner will receive an IRS Form 1099 or equivalent tax form reflecting the value of their prize. If, for any reason, the Contest is not capable of running as planned, including but not limited to due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify and/or suspend the Contest. If the Contest is so affected, Sponsor will conduct the judging and award the prize for affected portion(s) of the Contest in a manner deemed fair, equitable and in accordance with the spirit of these Official Rules as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on the Contest Website. Sponsor may take any and all actions deemed necessary in its sole discretion to protect its rights (including disqualification of Entries/Videos) if Sponsor determines that Entries/Videos have been affected or were the result of tampering with the entry process or violations of these Official Rules or disruptive or abusive actions. Entrant further agrees not to knowingly damage or cause interruption of the Contest and/or prevent others from using the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY TAKE ANY AND ALL ACTIONS DEEMED APPROPRIATE BY SPONSOR (INCLUDING POSSIBLE DISQUALIFICATION OF ENTRANT) AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of Entries/Videos; errors, defects or omissions in the advertisement or offering of this Contest; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or electronic Entry/Video to be received on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including any injury or damage to Entrant or any other person’s computer related to, or resulting from, participation in or downloading or uploading any materials for this Contest. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision. If any provision of these Official Rules shall be invalid or unenforceable due to any law, said provision shall be modified to the minimum extent necessary to effect compliance with such law, and in any event such invalidity or unenforceability shall have no effect upon the remaining terms and conditions hereof. Any necessary travel arrangements associated with participation in the Showcase and its related events will be arranged by Sponsor.
10. WAIVER/RELEASE OF RIGHTS: By entering or participating in the Contest, each Entrant agrees to release, discharge and hold harmless American Broadcasting Companies, Inc., Contest Administrator, Facebook, each of their respective parent, subsidiary, related and affiliated companies, advertising and promotional agencies and prize suppliers, and each of their respective officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from any and all claims, liabilities, losses and damages, including but not limited to negligence and damages of any kind to persons and property, including but not limited to death, personal injury, defamation, slander, libel, violation of right of publicity, invasion of privacy (be it misappropriation, portrayal in a false light, intrusion and/or public disclosure of private facts) or infliction of emotional distress, arising out of or in connection with an Entrant’s entry or attempted entry into and/or participation in the Contest, Contest judging and Official Rules interpretations (including disqualification determinations), any Finalist or prize notification, the acceptance, possession, use or misuse of any prize, including any travel or activity related thereto, the acceptance or use of any prize, the substitution of any prize or any of the Released Parties’ use of any of the rights granted to Sponsor or Released Parties in connection with the Contest. All federal, state and local laws and regulations apply.
11. INDEMNITY: By entering or participating in the Contest, each Entrant irrevocably and unconditionally agrees to indemnify, defend and hold harmless each of the Released Parties from and against any and all liability, claims, loss, damage, penalty, injury or expense, including reasonable attorneys’ fees and costs, of any kind or nature whatsoever, by whomever asserted arising out of or in connection with: (A) participation in the Contest or activities associated with the Contest, whether occurring before, during or after actual participation in the Contest; (B) a breach or alleged breach of any representations, warranties or obligations made or undertaken by Entrant; (C) Released Parties’ (individually or collectively) use or failure to use any of the rights granted in connection with the Contest; (D) any statement, action or omission of an Entrant during or in connection with the Contest or resulting directly or indirectly from the Contest (whether before, during or after actual participation in the Contest); and/or (E) acceptance, possession, or use of any prize.
12. DISPUTES; ARBITRATION/CHOICE OF LAW: Except where prohibited, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for and entrant hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
13. SPONSOR: American Broadcasting Companies, Inc., 500 S. Buena Vista Street, Burbank, CA 91521.
14. CONTEST ADMINISTRATOR: LeadDog Marketing Group, Inc., 440 9th Avenue, 17th Floor, New York, NY 10001.
15. NAME OF GRAND PRIZE WINNER: For the name of the Grand Prize winner, mail a self-addressed, stamped envelope to: ABC Discovers: Digital Talent Competition – 2018 U.S. Winner, c/o LeadDog Marketing Group, 440 9th Avenue, 17th Floor, New York, NY 10001. Requests received after 12/31/18 will not be honored.
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